Hesperia schools chief: Tolerance of gays is a 'moral imperative'

HESPERIA - The acting superintendent of Hesperia Unified has cut his spring break short to deal with charges that one of the district's schools is discriminating against gay students.

On Monday, the American Civil Liberties Union Foundation of Southern California accused the High Desert's largest school district of allowing a climate of intolerance to take root at Sultana High School.

"I am returning to the district from spring break to personally oversee a thorough examination of this situation," Interim Superintendent David McLaughlin wrote in a statement released Monday afternoon. The district's spring break began Monday. "While the ACLU letter focuses specifically on the rights of gay and lesbian students, I see it as a moral imperative to reinforce the current efforts in place regarding anti-bullying and tolerance throughout the district."

Hesperia Unified prohibits discrimination based on sexual orientation, both against employees and students: "Programs and activities shall be free from discrimination, including harassment, with respect to the actual or perceived ethnic group, religion, gender, color, race, ancestry, national origin, and physical or mental disability, age or sexual orientation," board policy reads.

"The board prohibits intimidation or harassment of any student by any employee, student or other person in the district. Staff shall be alert and immediately responsive to student conduct, which may interfere with another student's ability to participate in or benefit from school services, activities or privileges."

Students who violate the policy can be expelled, and employees who violate it can be fired.

But in a letter drafted by attorney Ellen Papadakis of the New York law firm Nixon Peabody LLP, Sultana High staff are accused of "persistent censorship of the (Gay Straight Alliance club's) speech and activities, and systematic and pervasive discrimination against lesbian, gay, bisexual, transgender, queer/questioning and gender-nonconforming students."

The GSA is treated differently from the school's 34 other clubs, with the words "gay," "lesbian" and "queer" censored on fliers and club activities not being approved by officials, including screening a Lifetime Television movie about the effects of bullying on a gay teenager. The school had reportedly previously approved a screening of the R-rated "Schindler's List" by a teacher. The school's 2012-13 student handbook does not include the Gay Straight Alliance in its list of school clubs, which include the Frontline Christian Club, Political Club and the Silk Screen Kings club.

The Gay Straight Alliance's adviser, Julie Frost, a probationary teacher with the district, was allegedly told she was a "bad fit" and that her contract would not be renewed by Principal Larry Bird days after she had helped a club member file an official complaint about a teacher's homophobic slur directed toward her.

"I'm just absolutely shocked at this," said school board president Lee Rogers. "The board has never received any complaints (about discrimination), period, since I've been on the board."

Rogers, whose grandson attends Sultana, said that "if any of the students had said anything around him, he would have come and told me. I'm shocked. Just literally shocked."

Earlier this school year, Sultana students elected as Homecoming queen a lesbian student whose nomination, the ACLU's letter said, Vice-Principal H.R. Lugo referred to as a "joke." The letter also alleges that the queen's decision to wear a suit, rather than a dress, drew complaints from the faculty.

Lugo reportedly told Sultana seniors that they would not be allowed on the bus to prom in April unless the female students are wearing dresses and the male students are wearing slacks and button-up shirts. A number of female Gay Straight Alliance members wish to wear tuxedos and heels to the prom, according to the ACLU's letter. The Sultana student handbook includes a "strictly enforced" dress code for dances that directs "ladies" to wear dresses and "gentlemen" to wear collared shirts with ties for semiformal events and tuxedos or suits for formal events.

The ACLU's letter asked McLaughlin to tell them by Monday, when class resumes after spring break, whether the district will provide written assurance that students will be able to wear gender-nonconforming attire to prom.

The organization also wants written notice that the Gay Straight Alliance will be able to use its full name and the words "gay," "lesbian," "bisexual," "transgender" and "queer" in fliers and announcements and that its fliers and events be evaluated just like those of any other club at the school.

School officials are asked by the ACLU to immediately crack down on the alleged hostile environment toward LGBTQ and gender-nonconforming students at the school, including instructing staff not to refrain make discriminatory and harassing comments in the school environment.

"These allegations are deeply concerning, and they have my full and focused attention," McLaughlin said Monday.

"Please be assured that as the district and its lawyers examine the specifics of the ACLU letter, I will personally oversee the review of all policies and practices that strive to ensure that all staff and students can attend school in a safe, welcoming and nurturing environment."